Effective February 1st, 2018, the state of Maine’s Labor Department removed cannabis from the list of substances for which employers may test applicants with a drug test. Furthermore, the new law says that employers may not discriminate against employees who use cannabis or cannabis byproducts when they are off of the clock.

Use and possession of cannabis products in the workplace may still be prohibited at the employer’s discretion.

This first-of-its-kind legislature only applies to those who are 21 years of age or older and work in the state of Maine, USA.

Although states such as California have had medical marijuana programs in place for decades, employers to this day may refuse to hire anyone who tests positive for cannabis. This has raised some concerns due to the fact that THC can remain present in one’s system for as long as a month or more.

If someone tests positive for THC in a urine analysis or hair analysis this in no way indicates their current state when taking the test but rather, represents a very broad timespan of potential use.

In other words if someone uses cannabis on the weekend similarly to the societal norm of alcohol use, they would easily fail a urine analysis for THC in the following weeks even when they are 100% sober. If a hair test is used rather than a urine analysis, the hair may test positive for months down the line.

This new law is intended to address some concerns regarding medical use as well. In California for instance, employment can be refused or terminated based on the sole reason that the employee used cannabis to treat a legitimate medical condition.

“…California courts continue to uphold an employer’s right to terminate employees for testing positive for marijuana. Employers can terminate an employee for marijuana use even if it is done with a valid prescription for a medical condition or disability.”

In Maine, employers are still free to discipline workers for coming to work under the influence but a spokesperson for the state labor department says that a positive test result won’t be enough to prove that an employee is under the influence.

With all that said, it is important to note that this new law does not affect compliance with federally mandated testing for cannabis, like that required by U.S. Department of Transportation regulations. Here’s what that means,

In other words, those who drive something for compliant companies in the state of Maine needn’t get their hopes up. They are unaffected by this new state law.

However, the rest of the 21+ workforce in the state of Maine can rest assured that they may utilize the medical marijuana program or partake in the newly-passed recreational cannabis market without fear of being reprimanded in the workplace.